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2015 Supreme(All) 3870
ALLAHABAD HIGH COURT
D.K. Upadhyay, J.
Jain Dharm Parvardhani Sabha and Ors. - Appellant
Versus
State of U.P. and Ors. - Respondent
Misc. Single No. 6131 of 2015
Decided On : 14-10-2015
For the Appellant : Sandeep Dixit and Vijay Dixit
For the Respondents: C.S.C., Hira Lal Srivastava and Prakhar Mishra
The main legal point established in the judgment is the importance of determining the genuineness of membership, the applicability of Section 4-B of the Act, and the need for the society to function smoothly to achieve its charitable goals.
Headnote:
Societies Registration Act - Membership of Charitable Society - Section 25(2) - 4, 15, 4-B of the Societies Registration Act, 1860 - The court discussed the applicability of Section 4-B of the Act, the requirements for membership, and the exercise conducted by the Deputy Registrar in finalizing the list of members of the general body. The court emphasized the importance of determining the genuineness of the membership and the relevance of the documents considered by the Deputy Registrar in reaching the decision.
Fact of the Case:
The case involved a dispute over the membership of a charitable society known as 'Sri Jain Dharm Parvardhani Sabha, Lucknow'. The petitioners challenged the validity of an order finalizing the list of members and the election program under Section 25(2) of the Societies Registration Act, 1860.
Finding of the Court:
The court found that the Deputy Registrar's exercise in finalizing the list of members was based on a consideration of relevant documents and material, and the discrepancies pointed out by the petitioners did not disqualify the members. The court dismissed the petition, emphasizing the need for the society to function in a conducive atmosphere and achieve its charitable goals.
Issues: The issues involved the validity of the Deputy Registrar's order finalizing the list of members and the election program, the applicability of Section 4-B of the Act, and the discrepancies in the membership applications.
Ratio Decidendi: The court held that the exercise conducted by the Deputy Registrar was referable to Section 4-B of the Act, and the discrepancies in the applications did not disqualify the members. The inclusion of dead members did not impact the resolution of the dispute, and the court emphasized the need for the society to function smoothly.
Final Decision: The court dismissed the petition and directed the Registrar/Deputy Registrar to call a meeting of the general body for electing office bearers, emphasizing the trust in the genuine members to conduct the society's affairs in a charitable manner.
D.K. Upadhyay, J.
1. Heard Sri Sandeep Dixit, learned counsel for petitioners, Sri Rahul Shukla, learned Standing Counsel appearing for State and Sri Anil Tiwari, Senior Advocate assisted by Sri Apoorva Tiwari and Sri Heera Lal Srivastava, learned counsel for respondent No. 4.
2. The dispute engaging attention of this Court in this petition instituted under Article 226 of the Constitution of India relates to the membership of the general body of a charitable Society known as "Sri Jain Dharm Parvardhani Sabha, Lucknow" (hereinafter referred to as 'Society'). The petitioner No. 1 herein is the Society itself represented by its alleged Sabhapati through Sri Vinay Kumar Jain, who is the petitioner No. 2 as well.
3. The petitioners have assailed the validity of an order dated 29.09.2015 passed by the Deputy Registrar Firms, Societies and Chits, Lucknow Division, Lucknow whereby list of members of the general body of the society has been finalized and election programme under Section 25(2) of the Societies Registration Act, 1860 (hereinafter referred to as 'Act') has been promulgated.
4. The society was registered on 6.09.1972 and its registration was renewed on 24.09.1996 w.e.f. 10.10.1985 till 09.10.2000. It appears that since the year 2000, once the registration of the society lapsed, no efforts were made to get its registration renewed.
5. However, an application appears to have been made on 27.11.2013 i.e., after lapse of a period of about 13 years seeking renewal of the registration of the society. The registration of the society was, thus, renewed by order dated 31.12.2013. The petitioner appears to have moved an application seeking recall of the order dated 31.12.2013 which was rejected by the Deputy Registrar by means of the order dated 11.12.2014. It is this order dated 11.12.2014 whereby representation made by the petitioner for recalling the order dated 31.12.2013 was rejected which is under challenge in Writ Petition No. 8222 (M/S) of 2014.
6. It appears that thereafter the list of members of the Committee of Management was submitted as required under Section 4 of the Act which was accepted by the Registrar. This action of the Registrar, apart from an order dated 23.01.2015 whereby certain amendments in the bye-laws of the society were registered, is the subject matter of challenge in Writ Petition No. 1367 (M/S) of 2015. Both the petitions were clubbed together and on 01.04.2015, an order was passed directing the Registrar/Deputy Registrar to notify the respective lists of members of the general body inviting objections. The Registrar/Deputy Registrar was further directed that after having regard to the objections and material placed on record, the list of the general body shall be finalized. It was further provided that renewal of the registration done on 31.12.2013 shall be read as part of the general body to be finalized by the Deputy Registrar/Registrar under the order dated 01.04.2015. The Court in the said order further directed that the general body so finalized shall thereafter hold election of the office bearers of the society and for the said purpose the provision of Section 25(2) of the Act would automatically come into play. The operative portion of the aforesaid order dated 01.04.2015 is quoted herein below: -
"The Registrar/Deputy Registrar after affording opportunity to both the parties shall notify the respective lists for objection on the notice board and after having regard to the objections and material placed on record, the list of the general body shall be finalised by the Registrar/Deputy Registrar within a period of two months which would be reckoned w.e.f. 15.04.2015.
The renewal of the registration shall be read as a part of the general body finalised by the Registrar/Deputy Registrar within the aforesaid time. The general body finalised by the Registrar/Deputy Registrar shall thereafter hold the election of office bearers of the society and for this purpose the provisions of Section 25(2) of t
